LAW FOR ALL

Lack of Proper Issues - case remanded to frame and decide the same = whether the agreement/MoU is a valid and genuine document and whether it is enforceable or not, it is the duty of the High Court to first decide such questions keeping in view the law laid down in SBP & Co. (supra), National Insurance Co. Ltd., (supra) and Bharat Rasiklal Ashra (supra) and if it is held to be a valid and genuine document then whether it is binding on the parties and depending upon the outcome of the findings on such question, appropriate orders as required under Sections 11(5) and (6) of the Act has to be passed. - In our opinion, this was sufficient for joining issue on the validity and genuineness of the MoU which was raised timely in appropriate proceedings by the appellant. = We find that the appellant in reply to the respondents’ petition filed under Section 9 of the Act has specifically denied having signed or/and executed such agreement/(MoU). He has also contended therein that it is a bogus and fabricated MoU. The appellant again in his reply to application filed by the respondents under Section 11 of the Act denied the very existence of MoU. In view of foregoing discussion, the appeal succeeds and is allowed. The impugned order is set aside. The case is remanded to the learned designate Judge to decide the question of legality, validity and genuineness of the agreement/(MoU) in question on its merits on the basis of pleadings and evidence of the parties keeping in view the law laid down by this Court in three decisions referred supra. Depending upon the findings on the question, appropriate orders including the order for appointment of arbitrator, if occasion arises, be passed for final disposal of the application filed under Section 11 of the Act.